Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Johnson

Court of Appeals of Iowa

November 21, 2018

STATE OF IOWA, Plaintiff-Appellee,
v.
DREW ALLAN JOHNSON, Defendant-Appellant.

          Appeal from the Iowa District Court for Bremer County, Peter B. Newell, District Associate Judge.

         Defendant appeals his conviction for domestic abuse assault causing bodily injury, enhanced.

          Andrew C. Abbott of Abbott Law Office, PC, Waterloo, for appellant.

          Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant Attorney General, for appellee.

          Considered by Tabor, P.J., and Mullins and Bower, JJ.

          BOWER, Judge.

         Drew Johnson appeals his conviction for domestic abuse assault causing bodily injury, enhanced. We find there is substantial evidence in the record to support the jury's verdict in this case. We affirm Johnson's conviction for domestic abuse assault, but due to insufficiencies in the colloquy where he stipulated to a prior conviction, we reverse the determination this was a second offense and remand for further proceedings. In making this determination, we also vacate Johnson's sentence for domestic abuse assault, enhanced. On remand, upon the conclusion of proceedings concerning the prior conviction, Johnson should be resentenced.

         I. Background Facts & Proceedings

         Johnson was in a romantic relationship with A.G. and they lived together until shortly before June 21, 2016. On that date, Katie DeBoer gave A.G. a ride to the Super 8 Hotel in Waverly, where both women were employed. A.G. and Johnson had a verbal argument over the phone during the drive. When the women arrived in the hotel parking lot, Johnson was there. A.G. got out of the car before DeBoer. DeBoer testified when she walked toward the back of her car, she saw A.G. was on the ground with Johnson on top of her with his hand by her face. She stated she saw Johnson hit A.G. on the head. Johnson then left the parking lot in his vehicle.

         Katherine Pitt, a manager at the Super 8, testified she heard "[s]creaming, beating on the door," and found A.G. outside. Pitt helped A.G., who was crying and upset, into the hotel. A.G. told Pitt her ex-boyfriend beat her up. Gary Phillips, also a manager at the hotel, testified he heard "an agonizing wail." He saw A.G. was on the floor, had injuries, and was engaged in "painful crying." Phillips stated A.G. told him "Drew . . . just began hitting her and she tried to get away and ended up inside the front desk area." Pitt and Phillips observed A.G. had injuries. DeBoer, Pitt, and Phillips all called the police.

         Lisa Barker, an EMT, testified A.G. was "very shaken up," "crying," and "shaking." A.G. told Barker her ex-boyfriend hit her. Barker observed A.G. had swelling on the bridge of her nose and multiple abrasions. Barker stated A.G. had "very recent wounds. They were open, oozing; the swelling had happened and there was no bruising."

         Office Dave Lindley testified A.G. told him "Johnson had struck her in the head and/or the face." Office Lindley observed A.G. was crying and upset, and she had injuries. A.G. gave a written statement, which stated:

I had been arguing with Drew on the phone all morning when the last phone call took place I hung up on him and before I knew it he pulled up behind me as I was walking in the door Drew hit me several times in the head. I do not know exactly how many times he did. I tried opening the door when I got to [the] front desk the cops were being called already by staff.

         Officer Lindley talked to Johnson, who stated he struck A.G. on the shoulder. He also ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.